Medical Malpractice Claims in Colorado
Medical mistakes, or “medical malpractice,” often result in
catastrophic injury or death. A claim against a physician or hospital
staff requires evidence that the health care provider violated the “Standard
of Care,” or the rules health care providers must follow in providing
medical care to patients.
In Colorado, a hospital is legally responsible for medical malpractice
or negligence of employees of the hospital, such as nurses, technicians,
or therapists. Doctors are generally considered “independent”
of hospitals, and are required to carry their own separate medical malpractice
insurance.
Examples of Medical Malpractice Cases
With over 175 years of combined experience in handling medical malpractice
claims nationwide, our lawyers have represented a breadth of injuries
that clients have sustained at the hands of a care provider.
There are multiple different types of medical malpractice - any time that
a healthcare provider breaches the standard of care that is owed to a
patient, and that breach results in harm that would not have otherwise
occurred, medical malpractice has been committed.
Examples of medical malpractice cases handled by Denver Trial Lawyers ® include:
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Birth Injury:
While some birth injuries are inevitable, and while there are various factors
outside of a doctor’s control that affect the risk of a birth injury
(such as the size of the baby at time of birth), a doctor has a duty to
do everything possible to reduce the risk of injury, and to exercise a
reasonable degree of care. The improper use of forceps or a vacuum extractor,
failing to properly monitor a baby prior to birth, failing to perform
an emergency C-section, and other errors can all lead to harm.
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Chiropractic Negligence:
Chiropractors, like other medical professionals, owe the same duty of care
to their patients as do other healthcare experts. Negligence that can
lead to patient harm includes failing to refer a patient to a specialist,
failing to get a patient’s informed consent, and improper manipulation
of the body.
-
Surgical Malpractice:
When a patient undergoes a surgery, there are dozens of things that can
go wrong - it is up to the surgeon to make sure that nothing does. Unfortunately,
anesthesia errors, infections, leaving surgical equipment within a patient,
operating on the wrong patient or wrong body part, and numerous other
errors are more common than one may think.
-
Misdiagnosis:
While a doctor may not have a duty to properly diagnose every condition
100 percent of the time, they do have a responsibility to make sure that
the proper steps towards achieving a proper diagnosis are followed. If
a misdiagnosis is a result of a failure to refer a patient to a specialist,
misinterpretation of test results, failure to order certain tests, or
other acts of malpractice, a patient may have a claim.
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Medication Mistakes:
Medication mistakes affect patients of all ages and who suffer from a variety
of conditions. Examples of errors that can be very costly, or even deadly,
to a patient include giving the patient the wrong medication, giving the
wrong dose, giving a medication at the wrong time, giving a medication
to the wrong patient, giving the patient a medication that is dangerous
when combined with other medications the patient takes, and administration errors.
Medical malpractice cases are very complicated and expensive to pursue.
The medical malpractice team at Denver Trial Lawyers® understands
the complex medical and legal issues associated with medical malpractice
cases and can effectively pursue compensation on their clients’ behalf.
What Is the Statute of Limitations on a Medical Malpractice Claim?
While knowing what your rights are when you’re in the midst of a
health crisis can be overwhelming and confusing, your ability to pursue
a medical malpractice suit in Denver is limited by the state’s statute
of limitations - the cap on the amount of time that you have to sue.
In Colorado, the statute of limitations is two years from the date of the
act of malpractice. This means that if you undergo a surgery and you learn
(on the day of your surgery) that the surgeon operated on the wrong body
part, you will have two years from the date of that surgery to file a
medical malpractice claim for damages.
If you do not file your claim within two years’ time, you will lose
your right to recover damages.
There are some exceptions to the two-year deadline. In the event that the
malpractice was not discovered immediately because it was concealed by
the defendant, because a foreign object was left within the victim, or
because, through reasonable due diligence, the injury could not have been
discovered sooner, the statute of limitations can be extended.
In some cases, the statute of limitations may also be extended if the defendant
left the state after committing the malpractice. If you have questions
about the statute of limitations and how much time you have to file a
claim, it is best to consult with an experienced lawyer who can answer
your questions. Contact us today for our profressional medical malpractice
attorney to help you with your legal matters.
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